DOI: 10.7256/2454-0595.2017.2.21860

Abstract: The research subject is the legislation of Krasnodar Region and the Russian Federation regulating the concept and the content of the “government protection of cultural heritage sites” legal institution. The research object is social relations, arising between the government protection agencies and other entities in relation to government protection implementation, and the peculiarities of application of particular instruments of government protection. The authors study the legislation and the related social relations of the Soviet and the post-Soviet periods, and compare the legislation of different levels and different historical periods. The research methodology is based on the principles of historicism and objectivity. The authors apply the following research methods: historical-comparative, historical-typological, problem-oriented, socio-psychological, and retrospective. The authors use the principles of analysis and synthesis. The authors come to the following conclusions: the “government protection of cultural heritage sites” concept didn’t exist in the Soviet legislation and in Russian legislation before 1997; since 1997 till the present time, the “government protection of cultural heritage sites” concept has been formalized and reinterpreted as a legal mechanism; the authors ascertain the likeness of the term and the content of “government protection of cultural heritage sites” in federal and regional legislation despite the initially different “starting points” and the still existing certain differences. 

DOI: 10.7256/2454-0595.2016.6.19411

Abstract: The research subject includes the provisions of the existing legislation on the cultural heritage objects related to the protective zones of archaeological heritage. The research object includes social relations emerging in the process of defining, establishing and approving these protective zones and their appropriateness for the archaeological heritage objects. The author analyzes the changes which had taken place in the legislation under consideration and legal regulation of this issue in the regions of the Russian Federation, detects the existing problem and offers various ways of its solving. The author applies the set of general scientific methods including deduction, induction, analysis, synthesis, the historical and sociological methods, the method of comparative analysis. The novelty of the study consists in the fact that based on the historical and legal analysis of the current legislation and the logic of the established practice, the author analyzes the new provision of the federal law, and demonstrates its defects caused by the incorrect interpretation of the meaning of the legal institution by the representatives of the federal specialized body, and offers the concrete ways of changing or amending this law in order to solve the existing problem.

DOI: 10.7256/2454-0595.2016.2.17730

Abstract: The author analyzes the implementation of the concepts of the state cultural policy of the Russian Federation concerning the protection of cultural heritage objects for the past period, demonstrates the existing contradictions between the federal center and the regions of the Russian Federation in relation to forming independent authorized agencies in this sphere, and shows these contradictions using the example of the current Russian legislation and bills, shares his ideas about the issue under consideration. The research methodology consists of general scientific philosophical methods, particularly, the materialistic method, specific scientific methods (analysis, synthesis, modeling, induction, deduction, and abstraction), and special methods, including the statistical method, the formal-logical method, the method of law interpreting, and the method of comparative jurisprudence. To solve the research tasks, the author also applies the analysis of statistical data and legal documents. The author demonstrates the practical realization of the concepts of cultural policy in Russia by the federal center and the regions, the appearing contradictions, caused by the regions’ independence, which is provided by the Constitution of the Russian Federation, and the possible variants of further developments in this sphere. 

DOI: 10.7256/2454-0595.2015.1.13929

Abstract: